Hip Replacement

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Hip replacement is an increasingly popular surgical procedure that is routinely prescribed for seniors and in some cases even younger age groups. This procedure promises greater mobility and reduced pain.  A quarter of a million patients in the US opt for this surgery annually. Unfortunately on occasion, faulty replacement products can add to the problem and result in complications which instead of reducing pain results in the exact opposite.

Hip Replacement Complications
The problem with hip implants and their failures leading to pain and suffering or revision surgery is usually the metal on metal shavings that are produced by friction in products, though hip replacement failures also occur in other products. Metal on metal failure happens when the metal ball and metal socket slide together causing metal to wear off. Too much pressure on the joint will also lead to wear and tear. Metal on metal replacement was considered more durable than other products (metal on polythene, ceramic on ceramic or ceramic on metal) in the market. Recent reports seem to indicate that many of these claims were overblown. Even the most successful recipients of metal on metal hip replacement products seem to show that they have internal injuries as a result of metal particles worn off their implant, causing a severe inflammatory reaction known as metallosis. This reaction can destroy soft tissue, blood supply to the femur and muscles in certain cases. At times these metal particles make it into the bloodstream causing illness and injury in other places. A Cobalt Toxicity Report from 2010 indicates that patients may suffer rashes, headaches, irritability, shortness of breath, memory loss and tremors. Other symptoms may include fatigue, feeling cold, or abnormal weight gain.

Hip Replacement and Product Liability Law
Manufacturers who design hip replacement products have what is in legal language termed as product liability. It is there responsibility under law to ensure safety design and to test their products properly before allowing the product to come on to the market. Consequently they are to be held accountable for any faulty products that they market, through compensation for their negligence. This area falls under tort law which covers that part of civil law that is not covered by contract. Manufacturers’ liability is covered under this.
In 2010, a major manufacturer had recalled its metal on metal implants. In May 2011, US Food and Drug Administration (FDA) had ordered 22 metal on metal manufacturers to provide for an ongoing monitoring mechanism for toxicity.  One manufacturer which used a ceramic on polyethylene replacement also experienced problems due to metal on metal articulation.

What are your options in the event of a hip replacement failure?
If you or a loved one has experienced hip replacement failure, it is important to document everything and take it to a product liability attorney, preferably one who specializes in product liability cases for orthopedics. A consultation with a torts lawyer is usually free and product liability lawyers work on contingency fees. A lawyer will be best able to advise you keeping in mind the facts of your case.